September 26, 1997
                                    
                                    
                                    
                           Separate Statement 
                                   of
                         Commissioner Susan Ness
                                    


RE:  Public Utility Commission of Texas, CCB Pol 96-13

Our decision today underscores the partnership between the FCC and the state commissions in
promoting competition and new entry into telecommunications.  Several provisions of the
Texas Telecommunications Statute PURA95 appear, on their face, to violate the federal law. 
But for the manner in which the Texas State Commission has interpreted and enforced these
provisions, the FCC would be bound to preempt.  Since the Texas Commission has used its
enforcement discretion wisely and well, we do not find it necessary to preempt several
actions.  Nevertheless, we have found it necessary to preempt three state provisions including
important facilities build out requirements and two other sections which are inconsistent with
section 253 of the Telecommunications Act.

The Texas Commission has interpreted an anti-competitive state law in a pro-competitive
manner.  In response, the FCC has acknowledged the actions of the Texas state commission
in determining whether to preempt state policies or actions that conflict with the Federal
statute.  The Texas Commission's enforcement, in combination with our decision to preempt
particular violative provisions, will help to open markets in Texas and provide the benefits
which accompany competition to consumers there.